| Accused |
The
person said to be responsible for a crime
or crimes |
| Acquittal |
When the
charges are dismissed |
| Admission
|
Formal statement
admitting a fact in relation to the
alleged offences |
| Affray |
Public fighting.
Affray |
| Agreed
facts |
A
formal statement agreed between the Prosecution
and the Defendant |
| Alibi |
A statement
served prior to a hearing or trial that a
defendant was not at the place when the crime
was committed |
| Appeal
(from Magistrates Court) |
A re-hearing
of what happenned in the Magistrates Court
|
| Appeal
(from County Court) |
Heard in
the Court of Appeal (not as a simple re-hearing)
|
| Appeal
against sentence |
Where the
defendant states that they are guilty but
that the penalty was too high |
| Appeal
against conviction |
Where the
defendant states that they should never have
been convicted |
| Appeals
Costs Board |
A body that
sometimes re-imburses costs to defendants
if their matters are adjourned |
| Arraignment |
When the
Defendant formally informs the County or Supreme
Court whether they are guilty or not guilty |
| Arrest |
When the
Police detain a person in custody |
| Bail |
The
release of a defendant on
conditions from custody pending the hearing
of their matter |
| Bail
Justice |
A non-judicial
person who decides whether a defendant gets
bail outside when a Court is sitting. |
| Bond |
An undertaking
to the Court to be of good behaviour. Often
they have conditions attached to pay money
to charitable organizations |
| Charge |
Explains
what crime the defendant is alleged to have
committed |
| Charge
Sheets |
Contains
the list of charges that the Defendant faces |
| Character
reference |
A
character reference in a criminal matter
will be a letter, or evidence, explaining
what they are like as a person Character
reference |
| Caution |
A
formal warning by the Police not to get
in further trouble |
| Co-accused |
Any other
person charged with the defendant in relation
to the same incident |
| CCTO |
Combined
custody and treatment order. A form of CBO
with an initial 6 months imprisonment attached |
| Committal |
A hearing
in the Magistrates Court to determine if there
is sufficient evidence against the defendant
to justify taking the case to a higher Court
Committal |
| Committal
mention |
Court appearance
to determine whether witnesses will be called
at a committal and what they can be questioned
about committal
mention |
| CBO |
A Community
Based Order is an order that has conditions
to do work (ie cleaning at a park) and can
also have conditions to attend programs (ie
drug or alcohol) |
| Concurrent
Sentence |
Is a period
of imprisonment that is served at the same
time as another sentence |
| Confession |
An admission
of guilt by the defendant . If given to the
Police it must normally be tape-recorded. |
| Contest
mention |
Court
appearance to determine whether a matter
is going to end up as a plea of guilty or
not guilty. Also often where a sentence
indication is given |
| CREDIT |
Court Referral
and Evaluation for Drug Intervention and Treatment.
A program to help people who are offending
because of drug addiction |
| Conviction |
A
formal declaration after a finding of guilt.
Results in a person having what is generally
termed a criminal record. A finding of guilt
can result in a con-conviction in the right
circumstances. |
| Criminal
Offences |
The crimes
that are alleged and detailed in the charges.
Driving offences are considered to be criminal
offences |
| Culpable
driving |
Is the charge
when a person is killed by a car and the Police
consider the driver legally responsible.
culpable driving |
| Cumulative
Sentence |
A sentence
that begins at the end of any current sentences
that are being served or that were ordered
to be served |
| Depositions |
After a defendant
has been through a committal all the documents
relating to the case (including witness evidence
if any) are transcribed and numbered |
| DPP |
Director
of Public Prosecutions. The head of the
OPP |
| Direct
presentment |
If
the Magistrates Court decide that a person
should not be committed the Prosecutors
can still directly present a person.
That
means they still can take the matter to
the higher Court if they choose to. |
| Dismissal |
A
finding of not guilty |
| Discharge
at committal |
A finding
that there is not sufficient evidence that
a jury properly instructed would convict |
| Diversion |
Where there
is no official record of a matter after a
plea of guilty in the Magistrates Court |
| Drink
driving |
Drink driving
covers a wide range of offences that are considered
by the Court to be criminal offences
Drink driving |
| Extradition |
The process
where a defendant is moved from Victoria to
another State or Country |
| Filing
Hearing |
The Court
date that starts the Court process in a serious
criminal matter Filing
Hearing |
| Hand
up brief |
The Prosecution
documents (containing all witness statements)
for a committal matter. |
| ICO |
Intensive
Corrections Order. A very strict form of
a CBO involving 2 days per week community
work and
supervised programs |
| Indictable
Offences Triable summarily |
Are ones
where a person can choose to have them heard
before a jury |
| Indictment |
Also known
as the presentment. The charges filed with
County or Supreme Court |
| Informant |
The Police
Officer or other person who formally charges
the defendant. Named on the charge sheets
|
| Information |
Charge Sheets |
| Injunction |
An order
of the Court to stop someone doing something |
| Koori
Court |
A specialist
Court set up for Aboriginal Offenders to address
their particular needs and to stop them from
re-offending. |
| Legal
aid |
A service
provided by Government to pay for poor defendants
to be represented by solicitors |
| Listening
device evidence |
Also known
as "LDs". Evidence obtained by bugging
a place. |
| Matter |
A case |
| Mention |
A listing
of a matter in a Court |
| Nolle
prosequi |
A document
filed in the County or Supreme Court to indicate
the case is no longer going to proceed |
| No
case submission |
A Submission
to a Court that there is not enough evidence
to continue with a matter |
| OPP |
Office of
Public Prosecutions. Prosecute serious matters
for State of Victoria |
| Parole |
Conditional
release after serving a gaol term |
| Plea |
A plea of
guilty where factors relevant to sentencing
are told to the Judge |
| Plea
of not guilty |
Where the
charges are contested. |
| Presentment
|
Also known
as the indictment. The charges filed with
County or Supreme Court |
| Pre-sentence
detention |
Period of
time held before the hearing of a matter |
| Prior
convictions |
Previous
findings of guilt in relation to a defendant |
| Record
of interview |
The tape-recorded
interview conducted by the Police |
| Re-hearing |
Where the
matter is heard again as if it was for the
first time |
| Remand
in custody |
When a defendant
is held in custody pending their matter being
heard. A person who is remanded in custody
has a right to apply for bail in certain circumstances |
| Search
Warrant |
An order
of the Court allowing the Police to enter
a place and search it for material related
to an alleged crime |
| Sentence |
The penalty
imposed by a Court |
| Sentence
indication |
Where a Magistrate
indicates what penalty they will give if a
defendant pleads guilty. |
| Strictly
indictable |
A matter
that must be heard in the County or Supreme
Court and can not be heard in Magistrates
Court |
| Sub
poena |
A Document
filed at the Court requiring documents to
be produced or a person to attend to give
evidence |
| Summary
offence |
An offence
that should be heard in the Magistrates Court.
Can be heard in the absence of the defendant
|
| Summons |
An order
that the Defendant attend Court on a particular
day |
| Suspended
sentence |
A
period of imprisonment that is not served
unless the defendant gets into further trouble. |
| Telephone
Intercepts |
Also
known as "TI's". A bug placed
on a phone line |
| Trial |
A matter
heard before a jury in the County or Supreme
Court |
| Verdict |
The decision
of a jury or Magistrate as to whether the
Defendant is guilty of an offence |
| Victim
Impact Statement |
Statement
by the Victim of a Crime as to how it has
effected them (physically and pscyhologically) |
| Voir
dire |
a hearing
in the absence of the jury to determine the
admissibility of evidence |
| Witness |
A person
who gives evidence in a case |
| YTC |
Youth Training
Centre - detention centre for Young Offenders |
